Disposed

Singara Mohan Babu, v. The State of Andhra Pradesh

Andhra Pradesh HC5 Jul 2022WP/12543/2022

Case brief

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What is this about?

This High Court disposed of a writ petition seeking payment of dues for contracts executed by the petitioner. The court directed the respondents to complete verification within three weeks and pay the amounts within six weeks, with a clarification that payment must be made immediately if verification is delayed.

What did the court decide?

Directed respondents to complete verification within 3 weeks and pay dues within 6 weeks; payment immediate if verification delayed beyond 3 weeks.

Singara Mohan Babu, Vs The State of… — Public Procurement and Tenders | Andhra Pradesh HC (2022)

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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

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WRIT PETITION No.12543 of 2022

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ORDER:

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The petitioner had been awarded various contracts for taking up the “Neeru-Chettu” programme for Desilting & Jungle clearance of Peddavanka, Mallammavanka, Chinnavanka, and for Construction of Checkdam across Mallamma Vanka, across Chinnavanka of Mamilla Palli Village, Peapully Mandal, Kurnool District, vide i)Agreement No.408/2018-19 dated 23.05.2018, ii)Agreement No.1425/2018-19 dated 05.09.2018, iii)Agreement No.1426/2018-19 dated 05.09.2018, iv)Agreement No.1427/2018-19, v)Agreement No.1961/2018-19 dated 30.11.2018, vi)Agreement No.1962/2018-19 dated 30.11.2018 and vii)Agreement No.1963/2018-19 dated 30.11.2018. After execution of the said works, final bills for Rs.5,48,276/-, Rs.2,39,331/-, Rs.3,63,383/-, Rs.5,86,391/-, Rs.8,81,200/-, Rs.8,06,107/-, Rs.8,76,818/- had been prepared and submitted to the concerned for payments. As the payments of the said amounts has not been made by the respondents, the petitioner had approached this Court, by way of this writ petition.

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It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled for payments of the aforesaid sums of money, no payments is being made. The petitioner contends that such non-payments of money is clearly arbitrary and high-handed requiring the interference of this Court.

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This Court, in various orders, including the judgment of a learned Single Judge of this Court dated

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05.10.2021 in W.P.No.10038 of 2021 and batch had taken the view that such non-payments of dues is arbitrary and that such dues need to be cleared by the respondents at the earliest.

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The learned Government Pleader submits that the

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respondent authorities are verifying the claims of the petitioner and would be in a position to make payments only after such verification is completed.

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In view of the aforesaid directions of this Court in various cases and after hearing the submissions of the learned counsel for the petitioner, learned Government Pleader for Irrigation, this writ petition is disposed of with a direction to the respondents to complete the verification process within a period of three weeks from the date of receipt of a copy of this order and thereafter to pay the amounts due to the petitioner depending upon the outcome of the verification, within a period of six weeks. It is clarified that in the event of the verification process not being completed within the aforesaid period of three weeks, the respondents shall pay the amountss due to the petitioner, without insisting upon any further time for verification. It would also be open to the petitioner to agitate his/her/their claim for interest, if any payable by the respondents, in an appropriate forum. There shall be no order as to costs.

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As a sequel, pending miscellaneous petitions, if any, shall

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stand closed.

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____________________________ R. RAGHUNANDAN RAO, J.

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05.07.2022 RKS

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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

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WRIT PETITION No.12543 of 2022

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05.07.2022

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RKS

Singara Mohan Babu, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Singara Mohan Babu, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

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